Kucinich Settles "Dangerous" Sandwich Lawsuit

AP Photo/Harry Hamburg

Democratic congressman Dennis Kucinich of Ohio made headlines earlier this week when it came out that he sued a congressional cafeteria for selling him a "dangerous" sandwich. He's responding today with a statement offering a slew of details about the incident that led to the suit -- enough to, he hopes, put the matter to rest.

"Though I would prefer to focus your attention on my work dealing with the profoundly important issues that face our nation, such as job creation, getting the economy back on track, and ending the wars in Afghanistan and Iraq," Kucinich said in a statement today, "it seems that some are more interested in discussing my personal dental issues."

In his statement, the lawmaker details the series of events that followed after he unwittingly bit into a pitted olive in a sandwich wrap he purchased in a congressional cafeteria. His tooth was split in half, he writes, leaving irreparable damage to the internal structure of the tooth. "Although the pain was excruciating, I shook it off and I went right back to work," Kucinich said.

The injury ended up affecting not just one but six teeth, Kucinich continued, and led to an infection that required an emergency medical intervention. "This injury required nearly two years, three dental surgeries, and a substantial amount of money to rectify," he said.

The parties involved in the suit have settled for an undisclosed amount that reflect the out-of-pocket expenses incurred, Kucinich wrote.

The lawmaker explained that he did not give details of the matter earlier because he "did not want it said that I was trying the case in the media."

"I don't want to have to make another dental visit for a very long time, and will be making no further comment on this matter," he said.

Check out the full statement below:

Statement by Dennis J. Kucinich

Regarding Settlement of Dental Injury Law Suit

Though I would prefer to focus your attention on my work dealing with the profoundly important issues that face our nation, such as job creation, getting the economy back on track, and ending the wars in Afghanistan and Iraq - -it seems that some are more interested in discussing my personal dental issues. Given the degree of public interest you should know some details:

This injury required nearly two years, three dental surgeries, and a substantial amount of money to rectify.

The legal action you have heard about was filed due to the severity, expense and duration of the dental injury, the complications which followed and which still persist. I wanted to resolve this matter without filing a lawsuit. The events below involved numerous dental visits, more than are detailed in this summary. The dental injury set in motion a chain of dental and medical events.

When I bit into the olive pit, (unbeknown to me at the time), upon impact the tooth split in half, vertically through the crown and the tooth, below the level of the bone. Externally there was no evidence of a break. This was not about aesthetics. The internal structure of the tooth was rendered nonrestorable. Although the pain was excruciating, I shook it off and I went right back to work.

This tooth is a key tooth which anchored my upper bridgework . The injured tooth and the bone above it became infected. I took a course of antibiotics for the infection, had an adverse reaction to the antibiotics which caused me to have an intestinal obstruction and emergency medical intervention.

Later, my dentist referred me to a specialist who informed me that the damaged tooth had to be removed. A third dentist removed the tooth and I was fitted for a temporary partial. I waited for the bone to heal. An implant was placed, but it failed. Many months later still a second implant succeeded. My bridgework had to be completely reconfigured, a new partial was designed, so this injury did not affect only one tooth, but rather involved six (6) replacement teeth as well. A new crown with a new precision attachment was engineered and put in place. To clarify, no dental expenses were covered by any health plan, nor did I have dental insurance that covered the injury, which, until it was resolved, affected my ability to chew food properly.

The clamor for information about this incident requires that I provide at least this much information. I would have liked to provide such details sooner but did not want it said that I was trying the case in the media. So that is why I declined any interviews about the matter. The parties have exchanged information and after some investigation and discussion have resolved the matter for an amount all parties believe reflects the actual out-of-pocket expenses related to this incident. The terms of the settlement are confidential; however, I feel that the defendants have responded fairly and reasonably. I don't want to have to make another dental visit for a very long time, and will be making no further comment on this matter.

[jackp32]

He needs his antidepressent dose adjusted.

[Jaylah54]

Everybody that believes this fairy story, raise your hand. Anybody? Anybody at all?

[JWKessler]

I like Dennis Kucinich, and can sympathize with what he went through, but I wonder what a food service organization is supposed to do to prevent this type of accident. Olives are pitted by machine and sometimes pits or bits of pits get through. Is someone supposed to go through each and every olive and inspect it for pits before putting it on a sandwich? The same applies to cherries in a pie. Sometimes you will get a pit. That is just the way it is. Life itself is a big risk.

I remember my grandmother had a great solution to this problem. She would make a cherry pie and leave all the pits in it. That way anyone eating it would be darn sure to be careful.

[queencatlover]

If we get past the legalistic grammar of the statement, the case is as follows: Biting down hard on the offending olive pit, Rep. Kucinich had the tooth that was the anchor holding his bridgework break below the gumline where the pain would be felt, but the damage unseen to the naked eye. He went to the dentist, had an infection, had to have the tooth pulled, tried an implant with no luck and then had to have the bridgework reconfigured. It looks as if he just wanted to receive compensation for out of pocket expenses and the food service corporation agreed to reimburse him for the cost of the damage. If corporate America would only agree to fix it's mistakes without making injured parties file lawsuits, wouldn't that make it so much easier?

[knucklecheese]

Look folks, I'm a free-market Libertarian, which means I'm in MOST ways conservative. As such, I could not disagree more with this man's politics. I could not disagree more with the direction he wants to take our country. But that certainly does NOT mean that I think he is a bad person. Rational mature adults can make that distinction. In fact, I have a great deal of respect for the man on a personal level (I'm from OH originally). That being said there is no story here! He was NOT wrong to file this lawsuit, and there is NO evidence that he acted at any time or in any way out of greed. To say otherwise is, in a word, disingenuous. He acted in the same manner as any of us would. Let it go.

[retm-w]

Nobody knows what the settlement was, so how can you say he didn't act in greed, just because he said he didn't. He didn't act in the same manner any one of us would, I doubt there are many that would sue over biting into an olive pit and waiting three years to do it.

[lilbear925]

What they don't tell you is that Kucinich has also been banned from eating at that cafeteria for life. Greedy politicians are what is wrong with this country!

[KSAXT1]

He is probably the head of food safety.

[bobnjersey]

[His tooth was split in half ... leaving irreparable damage to the internal structure of the tooth. The injury ended up affecting not just one but six teeth ... and led to an infection that required an emergency medical intervention. "This injury required nearly two years, three dental surgeries, and a substantial amount of money to rectify,"]
------------------------------------------------
c'mon. i've had this happen multiple times. you either have the tooth ground down and filled/rebuilt ($250) ... or it becomes a crown ($1000). worst case it's an implant ($2500). sounds like he's afraid of the dentist ... so he didn't do anything about it initially ... and that's what made it such a big issue in the end.

[gdinsb]

Yep. He caused the problem by not getting the issue treated. It's like cutting yourself on a knife at a restaurant, then getting an infection, gangrene and finally flesh eating bacteria at the hospital. The restaurant knife was only incidental.

[Jaylah54]

He doesn't "don't want to have to make another dental visit for a very long time" which -- of course -- is what caused this problem. If he'd been having regular dental check-ups, he wouldn't have had a partial to begin with.

And if biting down on the pit caused him "excruciating" pain, if he'd had two functioning brain cells, he'd have been in the phone to his dentist right after it happened, getting the first available after-hours emergency appointment.

This is all just more of the whacked-out smoke-and-mirrors baloney that comes out of this idiot's mouth. He didn't give out any "details" previously, not because he didn't "want it said that [he] was trying the case in the media" but because he knew it was all a bunch of nonsense.

[WeHappyFew]

What an 'A'hole.

[rwsmith29456]

I doubt his suit will succeed. The pit is a natural part of the olive. It's like getting a piece of pecan shell in with pecans. It looks like he has a long laundry list of damages. I hope he gets compensated for the the gangrenous foot he received as a result of biting this dangerous sandwich.